FEMA
  • Borrowing And Lending
  • Acquisition and Transfer of Immovable Property – FEMA
  • Banking Accounts
  • Scheme for Foreign Nationals

1. Can NRI/OCI lend money to resident individual (RI) in India?

Ans.

Yes. NRI/OCI is allowed to lend money to resident individual in India in following manner:

 

Sr. No.

Lender

Borrower

Loan currency

Permissibility and conditions

1

NRI/OCI

RI

In foreign currency

-      Permissible upto USD 2,50,000/- or equivalent, and 

-      NRI/OCI lender should be relative of resident borrower

2

NRI/OCI

RI

In INR

-      Permissible

-      However, if the lender is a OCI card holder, he/she should also be relative of resident borrower.

 

Further, the resident borrower should ensure that the loan proceeds are not utilised for following restricted activities:

-      In the business of chit fund or Nidhi Company;

-      Investment in capital market including margin trading and derivatives;

-      Agricultural or plantation activities;

-      Real estate activity or construction of farmhouses; and

-      Trading in Transferrable Development Rights (TDR)

 

2. Can NRI/OCI borrow money from an individual resident in India?

Ans.

Yes. NRI/OCI is allowed to borrow money from an individual resident in India in the following manner:


Sr. No.

Lender

Borrower

Loan currency

Permissibility and conditions

1

RI

NRI/OCI

In foreign currency

-   Prior RBI permission may be required

2

RI

NRI/OCI

In INR

-      Permissible, if NRI/OCI borrower is relative of resident lender.

-      Resident lender can extend loan upto the LRS limit i.e. USD 2,50,000/- per Financial Year. It is the responsibility of the resident lender to ensure the loan amount is within the prescribed limit.

-      The loan amount should be credited to the NRO a/c of the NRI/OCI by way of cheque deposit/electronic transfer

-      The loan should be utilised for meeting the borrower's personal requirements or for his own business purposes in India.

-      The loan should not be utilized for restricted business activity as mentioned in FAQ 1 above.

-      The loan is free of interest and the minimum maturity of the loan is one year;

-      The loan amount cannot be remitted outside India by the NRI/OCI borrower.

-      Repayment of loan should be made by way of inward remittances through normal banking channels or by debit to the Non-resident Ordinary (NRO)/ Non-resident External (NRE) / Foreign Currency Non-resident (FCNR) account of the borrower or out of the sale proceeds of the shares or securities or immovable property against which such loan was granted.

 


3. Who is covered under the definition of relative?

Ans.

Below persons are covered within the definition of relative:

·         Members of Hindu Undivided Family

·         Husband and wife

·         Father (includes stepfather)

·         Mother (includes stepmother)

·         Son (includes stepson)

·         Son’s Wife

·         Daughter

·         Daughter’s husband

·         Brother (includes stepbrother)

 

4. Can NRI avail housing, vehicle or any other loan in India?

Ans.

Yes. NRI/OCI Cardholder can avail Rupee loan from AD Bank or registered NBFC or registered housing finance institution or any other financial institution in India for purchase of residential property or vehicle in India. NRI/OCI Cardholder can also obtain loan from AD Bank in India for their personal requirement or own business purpose.

However, the loan should be utilized for the specific purpose for which it has been taken and should not be utilized for restricted activities mentioned in FAQ 1 above.   

The AD Bank/NBFC/financial institution shall grant loan as per their internal loan policy and in compliance with the conditions and guidelines of the RBI.

5. NRI wants to avail loan against her NRE FDs. Is she permitted to do so?

Ans.

Yes, she can freely avail loan/ overdraft facility against securities of her NRO/NRE/FCNR Fixed Deposits in India subject to end-use conditions as specified under FEMA.

Refer FAQ on Chapter 2 Operation of Banking Accounts for NRI, for loan against NRO/NRE/FCNR Fixed Deposit and its end use conditions.

 

6. When a NRI uses his credit card in India or when a Resident Individual uses his credit card outside India, will it be considered as borrowing or lending in India?

Ans.

No. Use of credit card in India by a NRI or outside India by RI shall not be deemed as borrowing or lending in rupees/foreign exchange.

7. Can Rupee loan/ overdraft granted by AD Bank to RI who subsequently becomes a person resident outside India as per FEMA be continued?

Ans.

Yes, an AD bank in India may allow continuance of such loan/overdraft earlier granted to a RI who subsequently becomes a person resident outside India, subject to terms and conditions as specified by RBI.

 

8. Can loan be continued in the event of change in residential status of the lender?

Ans.

Yes, the loan can be continued, and repayment shall be made as under:   

·        In case a loan was granted by a RI to another RI and the resident lender subsequently becomes a person resident outside India, the repayment of loan by the RI borrower should be made by credit to the NRO account of the lender.

·        In case a loan was granted by a NRI/OCI to RI and the NRI/OCI lender subsequently becomes a resident, the repayment of the loan may be made to the designated account of the lender maintained with AD bank as specified by RBI from time to time, at the option of the lender.

9. Can loan taken overseas by NRI who subsequently becomes RI be continued?

Ans.

Yes, RI will be permitted to service loans taken overseas earlier as an NRI, subject to terms and conditions and limit as specified by RBI from time to time

10. Can NRI/OCI Cardholder employees avail loan from its Indian employer?

Ans.

Yes. An Indian entity is allowed to grant Rupee loan to its NRI/OCI Cardholder employees in accordance with Staff Welfare Scheme of the Indian entity and subject to terms/conditions and guidelines prescribed by RBI.

The NRI/OCI Cardholder employee should ensure that the loan amount is not used for the restricted purposes mentioned in FAQ No. 1 above;

                                                                                                                                                                                             ­- Updated 12/2023

 

1. How can NRIs and OCIs acquire immovable property in India?

Ans.

Nature of IP

Mode of acquisition

Acquire from

Any immovable property – eg. residential/ commercial etc.

 

(other than agricultural land/ farmhouse/ plantation property)

Purchase

Resident/ NRI/ OCI

Acquire as Gift

Resident/ NRI/ OCI – who is a relative

Acquire by way of inheritance

a. Any person who has acquired it under laws in force;
b. Resident

Agricultural land/farmhouse/plantation property  

Purchase/Gift

Not permissible. RBI permission required

Inheritance

a. Any person who has acquired it under laws in force;
b. Resident

2. How can NRIs and OCIs transfer immovable property in India?

Ans.

NRIs can transfer immovable property in India in below manner:

 

Nature of IP

Mode of transfer

Transfer To

Any immovable property eg. residential/ commercial etc.

 

(other than agricultural land/ farmhouse/ plantation property)

Sell/ Gift

Resident/NRI/ OCI

Agricultural land/farmhouse/plantation property

Sell/ Gift

Resident

3. As per FAQ 1, who all are covered under relative?

Ans.

Relative shall cover the following:

 

1.Father (including step-father)

2.Mother (including step-mother)

3.Son (including step-son)

4.Son’s wife

5.Daughter

6.Daughter’s husband

7.Brother (including step-brother)

8.Sister (including step-sister)

9. Members of HUF

10. Spouse

4. What are the accepted modes of payment for NRIs and OCIs to acquire immovable property in India?

Ans.

Payment for immovable property has to be received in India through banking channels and is subject to payment of all taxes and other duties/ levies in India. The consideration to purchase the immovable property should be made out of the following:


a.    Foreign inward remittance

b.    Funds held in NRE/NRO/FCNR(B) account

c.    Housing loan can be availed from Authorized Dealer (AD) Bank or a housing finance institution in India.


The payments cannot be made either by traveller’s cheque or by foreign currency notes or by any other mode other than those specified above.

5. How many immovable properties can NRI/OCI acquire in India?

Ans.

There are no restrictions on number of immovable properties that can be acquired by NRI/OCI in India.

6. Whether RBI permission or any documents are required to be filed with RBI by NRI/OCI for acquisition of any immovable property as per FAQ 1?

Ans.

No. NRI/OCI who has acquired immovable property in India as per FAQ 1 is not required obtain permission or file any documents with RBI (except for exceptional cases as mentioned in FAQ 1)

7. Can NRI/OCI acquire agricultural land/farmhouse/plantation in India by way of purchase/gift?

Ans.

No. Prior RBI permission is required.

8. Can NRI/OCI inherit immovable property in India?

Ans.

Yes, NRI/OCI can inherit and hold immovable property in India from:


-   A person resident in India or

-  A person resident outside India, provided such immovable property was acquired by the transferor in accordance with the provisions of Foreign Exchange Laws in force at the time of acquisition.

9. A NRI has inherited an agricultural land in India from his father who was also a non-resident. Is he permitted to inherit such land from a non-resident?

Ans.

Yes, he is permitted to inherit agricultural land property from his father who was also a non-resident provided the father had acquired the property in accordance with the Foreign Exchange laws in force at the time of acquisition.

10. Suppose an NRI/OCI acquired agricultural land by way of inheritance, to whom can such property be transferred?

Ans.

The NRI/OCI may transfer agricultural land/ farm house/ plantation property in India, by way of gift or sale to a person resident in India only (subject to applicable state laws)

11. Can a NRI sell immovable property other than agricultural land in India?

Ans.

Yes, he can sell such property to a person resident in India/ NRI/ OCI.

12. Can NRI continue to hold immovable property in India, which was purchased by him while he was Resident?

Ans.

Yes. No RBI permission required.

13. Can NRI be eligible to sell agricultural land, in case the same was purchased by him while he was a Resident?

Ans.

Yes. However, he can sell the agricultural land to a person resident in India only.

14. Can NRI/OCI repatriate the sale proceeds of immovable property in India and how?

Ans.

Yes. NRIs can repatriate sale proceeds from immovable property in below manner:

 

a.    Immovable property (other agricultural land/ farmhouse/ plantation property) purchased in Forex – Entire sale proceeds is freely repatriable subject to the following conditions:


-      The immovable property was acquired in accordance with the provisions of the foreign exchange law in force at the time of acquisition or the provisions of Foreign Exchange Management (Non-Debt Instrument) Rules, 2019.;

-      The amount for acquisition of the property was paid by way of foreign inward remittance or out of the funds held in FCNR(B)/NRE account

 

However, in case of residential property acquired in forex, sale proceeds are freely repatriable only upto two such properties. Repatriation of sale proceeds from 3rd property onwards shall be allowed under USD 1 million Scheme per Financial Year (FY).

 

b.    Immovable property acquired from Rupee funds/Other casesRepatriation is allowed under USD 1 million Scheme per FY

15. Mr. A is an NRI and who had acquired a residential property in India for Rs. 10 Crore in the year 2015 out of inward remittance from USA bank. Mr. A now wishes to sell such property for Rs. 6 Crore in the year 2023. Is repatriation of sale proceeds of Rs. 6 Crore permissible under FEMA? Will it fall under USD 1 Million Scheme?

Ans.

Since Mr. A acquired the residential property in India out of inward remittance from USA bank (i.e. in forex), entire sale proceeds of Rs. 6 Crore is freely repatriable outside India and same is not subject to USD 1 million Scheme.

16. In the above FAQ 15, what would be your answer if Mr. A wishes to sell such property for Rs. 15 Crore in the year 2023?

Ans.

Since Mr. A acquired the residential property in India out of inward remittance from USA bank i.e. in forex, he would still be eligible to repatriate the entire sale proceeds of Rs. 15 Crore, without any restriction or permission. Repatriation shall be subject to satisfaction of AD Bank and payment of applicable taxes.

17. In the above FAQ 15, would your answer remain same if Mr. A had already repatriated the sale proceeds of two other residential properties outside India?

Ans.

In the case of residential property acquired in forex, sale proceeds are freely repatriable only upto two such properties. Repatriation of sale proceeds from 3rd property onwards is allowed under USD 1 million Scheme per FY.

Accordingly, proceeds of Rs. 6 Crore received from sale of 3rd property shall be repatriable under USD 1 million Scheme.

18. In the above FAQ 15, 16 and 17, would your answer remain same if Mr. A now wishes to sell a commercial property?

Ans.

The restriction of two properties applies only to residential property and there is no restriction in case of commercial immovable (acquired in forex). Accordingly, Mr. A shall be eligible to repatriate the entire sale proceeds without any restriction.

19. In the above FAQ 15 and 16, would your answer remain same if Mr. A had acquired the residential property from NRO funds (Rupee funds)?

Ans.

No. In this case, since the property was not purchased by way of foreign inward remittance or funds held in FCNR(B)/NRE account, Mr. A shall be eligible to repatriate the sale proceeds subject to USD 1 million Scheme. Further, repatriation of sale proceeds in excess of USD 1 million shall require RBI permission.

20. NRI acquired an immovable property by way of gift. Can the funds received on sale of said immovable property be repatriated abroad?

Ans.

Yes. NRI shall be eligible to repatriate the sale proceeds from gifted property under the USD 1 million Scheme. Repatriation shall be subject to satisfaction of AD Bank and payment of applicable taxes.

21. If immovable property was received as inheritance by NRI/OCI from a person resident in India, can he repatriate the sale proceeds?

Ans.

Yes, NRI/OCI shall be eligible to repatriate the sale proceeds under the USD 1 million Scheme, subject to satisfaction of AD Bank and payment of applicable taxes.

22. Can foreign nationals acquire property in India?

Ans.

a.    Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK), irrespective of their residential status, cannot, without prior permission of the Reserve Bank, acquire or transfer immovable property in India, other than on lease, not exceeding five years. This prohibition shall not be applicable to an OCI.


b.    Foreign nationals of non-Indian origin resident in India (except 11 countries listed at (a) above) can acquire immovable property in India.


c.     Foreign nationals of non-Indian origin resident outside India can acquire/ transfer immovable property in India, on lease not exceeding five years and can acquire immovable property in India jointly with NRI/OCI spouse (as explained in FAQ 23) or by way of inheritance from a resident.


All other acquisitions/ transfers by foreign nationals will require the prior permission of RBI.

23. Can a spouse of an NRI/ OCI who is not a NRI/ OCI acquire property in India?

Ans.

A person resident outside India, not being a NRI or an OCI, who is a spouse of a NRI or an OCI may acquire one immovable property (other than agricultural land/ farm house/ plantation property), jointly with his/ her NRI/ OCI spouse subject to fulfilment of below conditions:


- Consideration is paid out by way of foreign inward remittance or out of funds held in NRE/NRO/FCNR(B) account

- Their marriage should have been registered and subsisted for a continuous period of not less than two years immediately preceding the acquisition of such property

The non-resident spouse is not otherwise prohibited from such acquisition (eg. If non-resident spouse is citizen of Sri Lanka, prior RBI permission may be required as per FAQ no. 22)

24. Can Mr. R, citizen of Australia and being resident in India can acquire an immovable property in India?

Ans.

Yes. Mr. R, who is citizen of Australia and a ‘person resident in India’ as per FEMA can acquire immovable property in India. However, he would have to obtain the approvals and fulfil the requirements, if any, prescribed by other authorities, such as, the State Government concerned, etc.

25. What if Mr. R is citizen of Sri Lanka, will the answer remain same as per FAQ 24?

Ans.

No. Mr. R, being a citizen of Sri Lanka (one of the 11 countries mentioned in FAQ 22) would require prior RBI permission to acquire an immovable property in India (other than lease upto 5 years)

26. Can Mr. P, an OCI cardholder who is citizen of China being employed in India, and thus being a person resident in India as per FEMA acquire an immovable property in India?

Ans.

Yes. Mr. P, an OCI Cardholder who is a ‘person resident in India’ as per FEMA can acquire immovable property in India even after being a citizen of China since the prohibition on acquisition of immovable property in India by citizen of certain countries as specified in FAQ 22 shall not apply to an OCI cardholder. 

27. Can Mr. M, Foreign National who is a citizen of China acquire an immovable property in India under lease for three years?

Ans.

Yes. Mr. M, a foreign National who is a citizen of China can acquire an immovable property in India under lease for three years. The prohibition on acquisition of immovable property in India by citizen of certain countries as specifies in FAQ 22 shall not apply to lease contracts, not exceeding five years. 

28. As per FAQ 22, would your answer change, if the lease was for seven years?

Ans.

Yes. Mr. M, Foreign National who is a citizen of China would require RBI approval for acquisition of immovable property in India under lease for seven years (as exceeding 5 years)  

29. Can NRI / OCI avail housing loan from AD Bank / registered non-banking financial company (NBFC) or financial institutions in India?

Ans.

Yes, NRI/ OCI are permitted to obtain housing loans from AD Bank, registered NBFC and other financial institutions as specified from RBI from time to time.  

30. Is there requirement of minimum holding period for sale of immovable property by NRI/OCI in India?

Ans.

No. There is no requirement of minimum holding period applicable for sale of immovable property.

31. Can NRI / OCI rent residential/ commercial property purchased in India from foreign exchange/ rupee funds?

Ans.

Yes, NRI/OCI can rent the property in India without RBI approval.

32. Can NRI/OCI who had earlier acquired immovable property under FERA with specific approval of RBI continue to hold the same?

Ans.

Yes, they may continue to hold the immovable property without any further approval.

33. Can foreign nationals of non-Indian origin who had earlier acquired immovable property in India in accordance with foreign exchange laws at the time of acquisition or with general or specific permission of the RBI sell such property when he leaves India without prior RBI permission?

Ans.

Yes, such foreign national on becoming person resident outside India can transfer such property to a person resident in India provided transaction takes place through banking channel in India and the resident is not otherwise prohibited from such acquisition.

34. Can a foreign company set up in Australia having a branch office in India acquire an immovable property in India?

Ans.

Yes. A foreign company having a branch office in India can acquire an immovable property in India which is necessary for or incidental to carrying on business activities subject to fulfillment of certain compliances as prescribed under FEMA Regulations.

35. Will the answer to FAQ no. 34 remain same, if the foreign company is set up in Sri Lanka?

Ans.

No. Person of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK) cannot acquire or transfer immovable property in India, without prior RBI permission, other than on lease, not exceeding five years.

 

Accordingly, the Sri Lankan Company having branch office in India shall require prior RBI permission to acquire immovable in India (other than lease upto 5 years)

36. As per FAQ 34, upon acquisition of immovable property by a branch office in India, are there any reporting requirements to RBI?

Ans.

Yes. The branch office acquiring such immovable property in India, is liable to file with RBI a declaration in the Form IPI as prescribed by RBI from time to time, not later than 90 days from the date of such acquisition.

37. Can a foreign company having a liaison office in India acquire an immovable property in India?

Ans.

No. A foreign company having a liaison office in India cannot acquire an immovable property in India.

 

The meaning of abbreviations used for the purpose of above FAQ:

 

1. NRI – An individual who is a citizen of India but resident outside India as per FEMA

2. OCI – An individual who resident outside India as per FEMA and registered as an Overseas Citizen of India Cardholder under section 7A of the Citizenship Act, 1955

 

Updated 10/2023

1. What accounts can an NRI open in India?

Ans.

NRI can open and hold bank accounts in India with AD or AD Bank. The AD in India may accept deposits from NRI under the following schemes:


             i. Non-Resident (External) Account Scheme (NRE A/c) in Indian Rupees

            ii. Non-Resident (Ordinary) Account Scheme (NRO A/c) in Indian Rupees

           iii. Foreign Currency (Non-Resident) Account Banks Scheme (FCNR (B) A/c) in Foreign Currency

           iv. Special Non-Resident Rupee Account (SNRR A/c) in Indian Rupees

 

                 Features of above schemes available to NRIs is tabulated below:


Particulars

(Refer Notes below)

FCNR A/c

NRE A/c

NRO A/c

SNRR A/c

Who can open an account?

NRI & Person of Indian Origin (PIO)

 

Any person resident outside India for putting through bonafide transactions in rupees

Any person resident outside India

who has business interest in India for the purpose of putting through bonafide transaction in rupees

Type of Account

Term Deposit only

Savings, Current, Recurring, Fixed Deposit

Savings, Current, Recurring, Fixed Deposit

Current (same nomenclature as specified business)

Repatriation

Freely repatriable

Freely repatriable

Current income is freely repatriable, provided all taxes are duly paid.

 

Other balances in NRO A/c are remittable upto USD 1 million per FY, subject to payment of applicable taxes.

Repatriable subject to payment of applicable taxes

Taxability of interest earned

Exempt under section 10(15)(iv) (fa) of the Act

Exempt under section 10(4) of the Act

Taxable

Not an interest bearing account

Currency

 

Any permitted currency i.e. Foreign Currency which is freely convertible

Indian Rupees

Rate of

Interest

Rate of interest are in the accordance with the directions issued by the RBI from time to time

Not an interest bearing account.

Change in residential status

Non-resident to resident:

FCNR (B) deposits may be allowed to continue till maturity at the contracted rate of interest, if so desired by the account holder.

 

AD should convert the FCNR(B) deposits on maturity into resident rupee deposit accounts or RFC A/c (if the depositor is eligible to open RFC A/c), at the option of the account holder.

Non-resident to resident:

NRE A/cs should be re-designated as resident A/cs or the funds held in these accounts may be transferred to the RFC A/cs (if the A/c holder is eligible to open RFC A/c), at the option of the account holder immediately upon return of the account holder to India for good. Where the account holder is only on a short visit to India, the account may continue to be treated as NRE account even during his stay in India

Non-resident to resident:

NRO A/cs may be designated as resident rupee A/cs upon return of the account holder for good.

 

Resident to Non-resident:

When a resident Indian becomes a person resident outside India, his existing resident account should be designated as NRO A/c.

Non-resident to resident:

SNRR A/c may be designated as resident rupee A/c upon return of the account holder to India for good.


Note 1: NRI means a person resident outside India who is a citizen of India


Note 2: A ‘Person of Indian Origin (PIO)’ is a person resident outside India who is a citizen of any country other than Bangladesh or Pakistan or such other country as may be specified by the Central Government, satisfying the following conditions:

a. Who was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955); or

b. Who belonged to a territory that became part of India after the 15th day of August, 1947; or

c. Who is a child or a grandchild or a great grandchild of a citizen of India or of a person referred to in clause (a) or (b); or

d. Who is a spouse of foreign origin of a citizen of India or spouse of foreign origin of a person referred to in clause (a) or (b) or (c)

A PIO will include an ‘Overseas Citizen of India’ cardholder within the meaning of Section 7(A) of the Citizenship Act, 1955. Such an OCI Card holder should also be a person resident outside India.

Note 3: Opening of accounts by Pakistan and Bangladesh nationals and entities incorporated in Pakistan and Bangladesh shall require prior approval of RBI, subject to certain exceptional cases (Refer FAQ 2 below)


Note 4: The tenure of SNRR account shall be concurrent to tenure of the business operation and in no case, it shall exceed 7 years (subject to certain exceptions as mentioned in FAQ 18 and 19). Approval of RBI shall be obtained in cases requiring renewal.

2. Can a Bangladeshi/ Pakistani national or an entity owned/ controlled from Bangladesh/ Pakistan have a bank account in India?

Ans.

Opening of bank accounts by individuals/ entities of Pakistan nationality/ ownership and entities of Bangladesh ownership requires prior approval of RBI.


However, individuals of Bangladesh nationality can open an NRO A/c subject to the individual(s) holding a valid visa and valid residential permit issued by Foreigner Registration Office (FRO)/ Foreigner Regional Registration Office (FRRO) concerned.


Further, citizens of Bangladesh/Pakistan belonging to minority communities in those countries, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians residing in India and who has been granted Long Term Visa (LTV) or whose application for LTV is under consideration by Central Government, are permitted to open only one NRO A/c with AD, subject to certain conditions.

3. NRI holds NRO, NRE and FCNR (B) A/c with an AD Bank. He intends to add his sister a resident Indian as a joint holder. Is it permissible?

Ans.


Yes. NRO A/c can be maintained jointly with a resident of India on former or survivor basis. On the other hand, NRE and FCNR (B) A/c can be maintained jointly only with resident relative(s) (i.e. a resident non-relative cannot be a joint holder).

4. As per FAQ 3, who all are covered under relative?

Ans.


“Relative” means and cover the following:
  1. Members of Hindu Undivided Family
  2. Spouse
  3. Father (including step- father)
  4. Mother (including step-mother)
  5. Son (including step- son)
  6. Son’s wife
  7. Daughter
  8. Daughter’s husband
  9. Brother (including step- brother)
  10. Sister (including step-sister)

5. Whether 2 or more NRI / PIOs jointly hold NRE/NRO/FCNR (B) A/cs in India?

Ans.

Yes

6. Can the NRI’s sister as mentioned in FAQ 3 operate his Bank accounts?

Ans.

The sister who is resident relative joint holder shall be eligible to operate NRE and FCNR(B) A/c, only if she is a Power of Attorney (POA) holder as per the instructions of the NRI brother.


Further, the AD Bank may allow operations in FCNR (B), NRE and NRO A/c as per the terms of the POA, provided such operations are restricted to the following:


· Withdrawals for permissible local payments including payments for eligible investments subject to relevant compliances

· Remittance to the account holder himself (i.e. NRI in this case) through normal banking channels. However, in case of NRO A/c, remittance of only current income (net of taxes) shall be permitted.

· Payment by way of gift to resident on behalf of NRI A/c holder shall not be permitted

· Transfer of funds from one account to another NRE, FCNR(B) or NRO account shall not be permitted

7. Whether a resident POA holder can open NRE A/c on behalf of NRI account holder?

Ans.


No. NRE A/c cannot be opened by resident POA holder in India on behalf of NRI.

8. Are NRIs permitted to be joint holders in accounts held by resident Indians?

Ans.

Yes. NRIs who are relatives (as mentioned in FAQ 4) are permitted to be joint holders in resident bank accounts with the resident account holder on “Either or Survivor” basis, subject to fulfilment of other conditions as prescribed.

9. Can NRI account holders avail Rupee loans in India from Banks against security of funds held in their FCNR (B) and NRE A/c?

Ans.

Yes. NRIs can avail loan from Banks for himself against the collateral of funds held in FCNR (B) and NRE A/c without any ceiling subject to usual margin requirements. However, the loan amount can be utilized by NRI only for the following purposes:


· Personal purposes or for carrying on business activities. The loans cannot be utilized for the purpose of relending or for carrying on agriculture, plantation activities or for investment in real estate business.

· Capital contribution in Indian firms / companies on non-repatriation basis, subject to relevant regulations.

· Acquisition of flat / house in India for his ‘own’ residential use, subject to relevant regulations.

10. Can a resident third party avail loan against the collateral of fixed deposits held in NRE/ FCNR (B) A/c?

Ans.

Loan can be availed in favor of third party i.e. resident individuals (RI)/firms/company in India against the security of fixed deposits held in the NRE/ FCNR (B) A/c. However, such funds shall be utilized for following purposes:

· Personal purposes or for carrying on business activities. The loans cannot be utilized for the purpose of relending or for carrying on agriculture, plantation activities or for investment in real estate business

· There should be no direct or indirect foreign exchange consideration for the non-resident depositor agreeing to pledge his deposits to enable the RI/firms/company to obtain such facilities.

· The usual norms and considerations as applicable in the case of advances to trade/ industry shall be applicable to such credit facilities

11. Can NRIs avail loans outside India against security of funds held in their FCNR (B) / NRE A/c?

Ans.

Yes. NRIs can avail loan from branches/correspondent bank outside India in his favor or request the branch/correspondent bank outside India to provide loan to a third party outside India. The loan amount should be utilized for bonafide purposes.

12. Can NRI account holders avail Rupee loans in India from Banks against security of funds held in their NRO A/c?

Ans.

Yes. Under FEMA regulations, loan can be availed in favor of the A/c holder (NRI in this case) or to third party i.e. RI/Firms/Company in India against the security of fixed deposits held in NRO A/c. The loan can be utilized for personal and business purposes except for the purpose of relending or for carrying on agriculture, plantation activities or for investment in real estate business.

13. Can NRI avail loan outside India against security of funds held in NRO account?

Ans.


No. Loan outside India against security of funds held in NRO account is not permitted.

14. Can NRI overdraw his NRE A/c?

Ans.

AD Banks may at their discretion/ commercial judgment allow over drawings in NRE A/c up to a limit of Rs. 50,000/- subject to the condition that such over drawings together with the interest payable thereon are cleared/repaid within a period of 2 weeks, out of inward remittances through banking channels or by transfer of funds from other NRE/ FCNR (B) A/c.

15. Upon the death of NRI account holder, whether remittance of funds to NRI /resident nominee is permissible?

Ans.

Yes. Remittance of funds of deceased account holder to NRI nominee is permissible. However, request from a resident nominee for remittance of funds outside India for meeting the liabilities, if any of deceased account holder or for similar other purpose, prior RBI approval shall be required.

16. What are permissible transactions in NRE A/c and FCNR (B) A/c:

Ans.

Permissible Credits

Permissible Debits

· Remittances to India in any permitted currency

· Personal cheques drawn, traveller’s cheques, bank drafts in permitted currency

· Proceeds of foreign currency/bank notes during temporary visit to India   

· Transfers from other NRE/ FCNR (B) A/c

· Interest accruing on the funds held in the account

· Current income in India (subject to tax payment)

· Maturity proceeds of any permissible investment originally made from NRE/ FCNR (B) A/c or through inward remittance.

· Refund of share/ debenture subscriptions of to new issues of Indian companies if original subscription was made from NRE/FCNR (B) A/c or through inward remittance.

· Refund of application/ earnest money/ purchase consideration on non-allotment/cancellation from builder/ developer (with interest) provided original payment was made from NRE/FCNR (B) A/c or through inward remittance.

· Any other credit if covered under general or special RBI permission

· Local disbursements

· Remittances outside India

· Transfer to NRE/ FCNR (B) A/c of   the account holder or any other person

· Investment in shares/ securities/ commercial paper of an Indian company or for purchase of immovable property in India as permitted in specific regulations on the subject.

· Any other transaction if covered under general or special RBI permission

 

17. What are the permissible transactions in NRO A/c:

Ans.

Permissible Credits

Permissible Debits

·Proceeds of remittances received in any permitted currency from outside India

· Permitted currency tendered during his temporary visit to India or transfer from Rupee accounts

· Legitimate dues in India

· Transfers from other NRO accounts

· Any amount received in accordance with rules and regulations under FEMA

 

· All local payments in rupees including payments for investment subject to compliance with RBI regulations

· Remittance outside India of current income in India of the account holder net of applicable taxes

· Transfers to other NRO A/c

· Settlement of charges on International Credit Card issued by AD Banks (subject to limits for repatriation)

18. What can be covered as business interest as mentioned in FAQ 1 to open SNRR account?

Ans.

It covers all generic business interest and shall also include the following transactions as specified by RBI in relevant rules/regulations:


· Foreign Investment in India and other investments as applicable

· Import and Export of Goods and Services

· Trade credit transactions and lending under External Commercial Borrowings (ECB)

· Business related transactions by IFSC units at GIFT city

19. What are conditions and permissible transactions in SNRR A/c:

Ans.

· Any person resident outside India who has business interest in India for the purpose of putting through bonafide transaction in rupees. However, opening of SNRR accounts by Pakistan and Bangladesh nationals and entities incorporated in Pakistan and Bangladesh requires RBI prior approval.

 

· The SNRR A/c should carry the nomenclature of the specific business for which it is in operation and balances in such A/c should commensurate with the operations.

 

· The operation of such A/c shall not result in the account holder making available foreign exchange to a resident of India against reimbursement in rupees.

 

· The debits and credits in SNRR A/c shall be specific/ incidental to the business proposed to be done by the account holder and will be subject to payment of applicable taxes.

 

· Transfers from NRO A/c to SNRR A/c are prohibited.

 

· The tenure of SNRR A/c shall be concurrent to the tenure of contract/ period of operation/ business of the account holder and in no case the period should exceed 7 years from the date of opening of the A/c, subject to RBI approval. However, the restriction of 7 years shall not be applicable to SNRR A/c opened for purposes as mentioned in FAQ 18.

 

· Transactions in SNRR A/c should be reported to RBI as per directions issued.

20. Whether AD Banks may allow customers to open separate SNRR A/c?

Ans.

Yes. The AD Banks may, at its discretion, maintain separate SNRR A/c for each category of transactions for the account holder engaged in multiple categories of transactions, provided it is able to identify/segregate and account them category-wise.

 

Updated 10/2023

1. Can foreign tourists on short visit open a bank account in India?

Ans.

Yes. Foreign tourists of non-Indian origin during their short visit to India can open a NRO a/c (current / savings) with AD Bank in India. However, individuals of Bangladesh and Pakistan nationality may require necessary approvals/ visas, as mentioned in below FAQ no. 2.

Further, such account can be maintained for a maximum period of 6 months only.

2. Can individual/entities of Pakistan and Bangladesh open a bank account in India?

Ans.


Opening of accounts by individuals/entities of Pakistan nationality/ownership and entities of Bangladesh ownership shall require prior RBI approval.

However, individuals of Bangladesh nationality may be allowed to open NRO account subject to individual/s holding a valid visa and valid residential permit issued by Foreigner Registration Office (FRO)/Foreigner Regional Registration Office (FRRO) concerned.  

Further, citizens of Bangladesh/Pakistan belonging to minority communities in those countries, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, residing in India and who have been granted Long Term Visa (LTV) or whose application for LTV is under consideration, are permitted to open only one NRO account with an AD bank in India, subject to certain conditions.

3. What credits can be made to such bank account maintained by a foreign tourist?

Ans.

Only following funds can be credited to NRO account of a foreign tourist:

-      Funds remitted from outside India through banking channels or

-      Funds obtained by sale of foreign exchange brought by tourists to India

-      Interest accrued on balances held in NRO account.

4. Can the NRO account be used for making local payments?

Ans.


Yes. Tourists can freely make local payments through NRO account.

5. Can foreign tourists repatriate the balance held in their NRO account at the time of departure from India?

Ans.

Yes. AD Banks have been allowed to convert the balance in account for payment to the account holder at time of departure from India into foreign currency, provided the account has been maintained for a period not exceeding 6 months and account has not been credited with any local funds, other than interest accrued thereon.

6. Can foreign nationals resident in India open a resident Rupee A/c?

Ans.

Yes. Foreign nationals employed in India holding valid visas can open and maintain a resident Rupee A/c in India.


7. Can AD Banks remit proceeds on closure of resident Rupee A/c opened by a foreign national resident in India to his overseas A/c?

Ans.


Yes, AD Banks can remit proceeds of resident Rupee account opened by a foreign national resident in India (subject to payment of taxes). In order to facilitate such foreign nationals to collect their pending bonafide dues, AD Banks may, permit foreign nationals to re-designate their resident Rupee A/c maintained in India as NRO A/c on leaving the country after their employment. The amount repatriated abroad should not exceed USD one million per financial year. Further, the account should be closed immediately after all the dues have been received and repatriated by the account holder.

8. How much foreign exchange can be brought in while visiting India?

Ans.

A person coming to India from abroad can bring foreign exchange without any limit. However, if aggregate value of foreign exchange in the form of currency notes, bank notes or traveller’s cheques brought in exceeds USD 10,000 or its equivalent and/ or the value of foreign currency alone exceeds USD 5,000 or its equivalent, it should be declared to Customs Authorities at the Airport in Currency Declaration Form (CDF) on arrival in India.

9. Can persons resident in Nepal and Bhutan have accounts in India?

Ans.

Yes. Person’s resident in Nepal and Bhutan can open Indian rupee accounts with an AD in India.

10. Is the foreign national required to pay taxes in India on income earned/received in India? Is there any liability to file ROI in India?

Ans.

Yes. A foreign national, irrespective of his residential status, may be required to pay taxes on income earned/received in India and file ROI in India if his income exceeds the basic exemption limit (limit for FY 2019-20 is Rs. 2,50,000/-) subject to other provisions of the Act. TDS in the case of foreign nationals is generally deducted at the highest rate and such excess taxes deducted may be claimed as refund by filing ROI in India.

Updated 10/2023